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5 Bpi Investments Vs CA 377 Scra 117
5 Bpi Investments Vs CA 377 Scra 117
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G.R. No. 133632. February 15, 2002.
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* SECOND DIVISION.
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QUISUMBING, J.:
Trial Court of Pasig City, Branch 151, in (a) Civil Case No.
11831, for foreclosure of mortgage by petitioner BPI
Investment Corporation (BPIIC for brevity) against private
respondents ALS Management 1 and Development
Corporation and Antonio K. Litonjua, consolidated with (b)
Civil Case No. 52093, for damages with prayer for the
issuance of a writ of preliminary injunction by the private
respondents against said petitioner.
The trial court had held that private respondents were
not in default in the payment of their monthly
amortization, hence, the extrajudicial foreclosure conducted
by BPIIC was premature and
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3 Rollo, p. 32.
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5 Art. 1934, Civil Code of the Philippines; Monte de Piedad vs. Javier, et
al., 36 OG 2176; A. Padilla, Civil Code of the Philippines Annotated, Vol.
VI, pp. 474-475 (1987); E. Paras, Civil Code of the Philippines Annotated,
Vol. V, p. 885 (1995).
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Nor can the SSS be held liable for moral and temperate damages.
As concluded by the Court of Appeals “the negligence of the
appellant is not so gross as to warrant moral and temperate
damages,” except that, said Court reduced those damages by only
P5,000.00 instead of eliminating them. Neither can we agree with
the findings of both the Trial Court and respondent Court that the
SSS had acted maliciously or in bad faith. The SSS was of the
belief that it was acting in the legitimate exercise of its right
under the mortgage contract in the face of irregular payments
made by private respondents and placed reliance on the
automatic acceleration
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incumbent upon him. From the moment one of the parties fulfills his obligation,
delay by the other begins.
10 American President Lines, Ltd. vs. Court of Appeals, G.R. No. 110853, 336
SCRA 582, 586 (2000).
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11 “Art. 2234, Civil Code: While the amount of the exemplary damages
need not be proved, the plaintiff must show that he is entitled to moral,
temperate or compensatory damages before the court may consider the
question of whether or not exemplary damages should be awarded. In case
liquidated damages have been agreed upon, although no proof of loss is
necessary in order that such liquidated damages may be recovered,
nevertheless, before the court may consider the question of granting
exemplary in addition to the liquidated damages, the plaintiff must show
that he would be entitled to moral, temperate or compensatory damages
were it not for the stipulation for liquidated damages.
12 Art. 2221, Civil Code: Nominal damages are adjudicated in order
that a right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him.
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